CONTRACT: Intention

?
  • Created by: em.101
  • Created on: 12-10-17 19:41
What are the two distinctions of agreement?
(1) Social & Domestic (2) Commercial
1 of 26
In Social & Domestic agreements.....
PRESUMPTION there is no intention to create LEGAL RELATIONS
2 of 26
Exceptions to social & domestic relationships (4)
(1) Proof: letters (2) Separated (3) Gambling (4) Intention through conduct
3 of 26
In a Commercial context.....
PRESUMPTION that the parties HAVE INTENTION to create legal relations
4 of 26
Exceptions to Commercial Relationships (2)
(1) Gentlemen's agreement (2) Comfort letter
5 of 26
Define "Binding in honor only" (HPC/ "GA")
terms included that show parties DO NOT intend to be bound, therefore CAN'T ENFORCE PAYMENT.
6 of 26
Comfort Letter
Written assurance of a party's INTENTION to perform his/ her contractual obligations. However, this is NOT BINDING, therefore CAN'T ENFORCE PAYMENT
7 of 26
Another term for 'exception'?
Rebutted (rebuts the presumption)
8 of 26
Jones v Padavatton (bar exams- daughter in house)
A domestic relationship shows no intention
9 of 26
Buckpitt v Oaks
A contract between 2 friends shows no intention
10 of 26
Balfour v Balfour (husband&wife)
A domestic relationship shows no intention
11 of 26
Darke v Strout (letter)
Even in a domestic relationship, intention can be shown through EVIDENCE TO THE CONTRARY
12 of 26
Merritt v Merritt (couple separated)
Agreement made when couple separated, so there WAS intention
13 of 26
Simpkins v Pays (gambling)
In gambling situations, there is ALWAYS intention
14 of 26
Parker v Clark (swingers house)
There IS intention as long as there is proof someone RELIED ON THE AGREEMENT
15 of 26
Esso Petroleum v Commissioners of Customs & Excise (gold coins)
Goods offered in commercial context, so BOTH PARTIES intended to be bound
16 of 26
Edwards v Skyways (private pilot)
Commerical= both parties show intention
17 of 26
Frank & Rose v Crompton Bros (HPC)
"Binding in Honour only" (HPC) REBUTS presumption that COMMERCIAL contracts show intention
18 of 26
Ferrera v Littlewoods Pools / Jones v Vernons Pools
HPC (bio) means you CAN'T enforce payment
19 of 26
Kleinwort Benson v Malaysia Mining Corporation
Comfort letters: doesn't rebut presumption that parties don't intend to be bound (commercial)
20 of 26
Coward v Motor Insurance Bureau
Insurance wouldn't pay out as it was a domestic relationship
21 of 26
Albert v Motor Insurance Bureau
Insurance had to be pay out as there was a regular course of dealings (=commercial context)
22 of 26
Snelling v Snelling
domestic relationships show INTENTION when in a BUSINESS together as it becomes COMMERCIAL
23 of 26
How many cases are there for the distinction between 'S & D' and 'Commercial'?
3!! C v MIB // A v MIB // S v S
24 of 26
How many cases (+ exceptions) are there for S & D?
3 + 4E ! JvP // BvO // E= MvM // SvP // PvC
25 of 26
How many cases (+ exceptions) are there for Commercial?
2+ 4E ! EvS // EPvCCE // E= RFvCB // FvLP // JvVp // KBvMM
26 of 26

Other cards in this set

Card 2

Front

PRESUMPTION there is no intention to create LEGAL RELATIONS

Back

In Social & Domestic agreements.....

Card 3

Front

(1) Proof: letters (2) Separated (3) Gambling (4) Intention through conduct

Back

Preview of the back of card 3

Card 4

Front

PRESUMPTION that the parties HAVE INTENTION to create legal relations

Back

Preview of the back of card 4

Card 5

Front

(1) Gentlemen's agreement (2) Comfort letter

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Contract law resources »